Brian Boucher – Why Experts Say the Latest Copyright Lawsuit Against Richard Prince Matters

Yet another lawsuit has been filed by a photographer against a major artist, and the case could have a major impact on the interpretation of copyright and intellectual property law. Photographer Donald Graham has brought suit against Richard Prince (https://news.artnet.com/market/donald-graham-sues-gagosian-richard-prince-401498) for using a photograph of a Rastafarian in his 2014 Gagosian Gallery exhibition “New Portraits,” which presented prints of other people’s Instagram posts, with comments by Prince (https://news.artnet.com/people/11-things-about-richard-prince-304634). Prince obviously has a taste for this kind of image; the major lawsuit Cariou v. Prince (in which French photographer Patrick Cariou sued Prince and his dealer Larry Gagosian for copyright infringement) centered on Cariou’s pictures of Rastafarians. In that case, the Second Circuit court of appeals found that 25 of the 30 “Canal Zone” paintings under consideration were considered “fair use” of Cariou’s photographs and thus did not infringe on Cariou’s copyright. The parties settled out of court with respect to the remaining five paintings, which means that judges did not issue rulings on the questions of intellectual property at issue, which, in the view of some experts, was a missed opportunity for further clarification of the law. The new case is distinct from distinct from Cariou v. Prince in some … Meer lezen over Brian Boucher – Why Experts Say the Latest Copyright Lawsuit Against Richard Prince Matters